Canada - Chapter III.1 - Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

J. Brian Casey is a Principal in the Toronto office of Baker & McKenzie International and Former Chair of the firm’s North American Litigation Practice Group. Mr. Casey practices in all areas of international and domestic commercial litigation and arbitration. Mr. Casey has taught advanced civil procedure and trial tactics at the Bar Admission Course for the Law Society of Upper Canada, is a former editor of the Advocates Society Journal and Executive Member of the Arbitration Committee of the Canadian Chamber of Commerce. During his career, Mr. Casey has been retained as arbitrator, chairman of the tribunal or as counsel in numerous commercial arbitrations both ad hoc and institutional under the auspices of the LCIA, ICC and ICDR/AAA. He has also acted in investor/State arbitrations under Chapter 11 of the NAFTA. Mr. Casey is a Fellow of the Chartered Institute of Arbitrators. In Canada, Mr. Casey sits as a panel member of ADR Chambers and ADR Chambers, International. He is listed in Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration and is designated a “leading practitioner” in international commercial arbitration by Lexpert.

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Originally from Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

Canadian law with respect to international arbitration is based on the law of the province in which the arbitration takes place, although several matters that may potentially relate to commercial arbitration fall within the federal legislative domain, including such matters as maritime and admiralty issues, customs and excise, patents and trademarks, and bankruptcy. Nine of Canada’s provinces are common-law jurisdictions. All of the provinces and territories of Canada and the federal government except Quebec have adopted with modification the UNCITRAL Model Law on International Commercial Arbitration, either with direct legislation or by incorporation. Quebec’s arbitration laws are found in the Civil Code of Québec and the Québec Code of Civil Procedure, but “take into consideration” the UNCITRAL Model Law in interpreting its own arbitration procedures. Canada is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards but has not yet signed the Inter-American Convention on International Commercial Arbitration. Canada has also signed but not yet ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States which provides for arbitration pursuant to the rules of the International Centre for the Settlement of Investment Disputes. This chapter also identifies the arbitral institutions in Canada, judicial trends in international arbitration in Canada, and some practical observations on conducting arbitrations in Canada, which for the most part follow generally accepted international procedures.

Table of Contents:

§ 1. 01 Political and Legal Overview
[1] Canada as a Federation
[2] The Division of Powers between the Provinces and Federal Government

§ 1.02 Legal Context for International Arbitration
[1] Post-1986 Legal Environment: Accession to the New York Convention and Adoption of the UNCITRAL Model Law
[2] Adoption of Independent Treaties and Movement toward Implementing the Washington Convention

§ 1.03 Summary of International Arbitration Laws Adopted by the Provinces and Territories
[1] Alberta
[2] British Columbia
[3] Manitoba
[4] New Brunswick
[5] Newfoundland and Labrador
[6] Northwest Territories
[7] Nova Scotia
[8] Nunavut
[9] Ontario
[10] Prince Edward Island
[11] Québec
[12] Saskatchewan
[13] Yukon Territory

§ 1.04 Arbitral Institutions in Canada
[1] ADR Institute of Canada Inc.
[2] British Columbia International Commercial Arbitration Centre
[3] Canadian Commercial Arbitration Centre
[4] International Chamber of Commerce
[5] ADR Chambers Inc.
[6] Commercial Arbitration and Mediation Center for the Americas
[7] Other Institutions: ICDR, LCIA, JAMS

§ 1.05 Arbitration Activities and Training

§ 1.06 Judicial Trends
[1] Enforceability of Mandatory Consumer Arbitration Clauses
[2] Limitation Period for Recognition and Enforcement
[3] Domestic Legislation and Arbitrator’s Jurisdiction
[4] Web-based Contracts
[5] Arbitrator’s Jurisdiction to determine jurisdiction
[6] Judicial Intervention in Arbitral Proceedings
[7] Anti-suit Injunctions
[8] Recognition and Enforcement of Awards
[9] Refusal of Enforcement for Public Policy

§ 1.07 Practical Issues in Conducting Arbitration in Canada
[1] In General
[2] Discovery
[3] Evidence
[4] Time-limited Proceedings
[5] Telephonic and Videotaped Evidence
[6] Reasoned Awards

Appendix “A”